How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional who was involved breached the standard of treatment during or prior to the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in a parent's lifetime. Parents want their children to be perfect and doctors do everything possible to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and defects. Families who are shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes suffering and pain for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's condition, and how much it has affected their standard of living.

Environmental exposures can result in birth defects and birth injuries. Studies have shown that certain chemicals, like pesticides, fungicides and lead, as well paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals, as well as pharmaceutical companies that make drugs like DES that could cause birth defects in fetuses.

If you suspect medical malpractice caused your child's eloy birth defect lawsuit injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you have only one year to file a medical negligence lawsuit, and waiting more than that could mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law which establishes the deadline for a person to file a civil lawsuit. Anyone who fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the doctor or the hospital that caused a patient's injuries during labor and delivery. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit for the death of a child.

In a case of medical malpractice the plaintiff must prove that the doctor at fault was not adhering to the expected level of care and consideration other health care providers would have utilized in similar circumstances. This includes failing to recognize an illness of serious severity like low levels of oxygen in the childbirth process that result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach an experilicensed attorney.

Representation

Although the latest technology and developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect or injury occurs and the cause was preventable parents may seek legal action to cover costs related to treatment.

Medical negligence claims usually result from a doctor's inability to diagnose or treat a problem. A doctor may fail to conduct an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Other common causes of birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In certain instances, a birth defect can dramatically reduce a child's life expectancy, or cause significant medical costs.

Contact an attorney for birth defects today if you suspect that the birth defect or birth injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help explain your options and help you make a claim before the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties responsible for the harm to your infant.